Abortion Law Review Expert Group Minutes: March 2025

Attendees and apologies

• Professor Anna Glasier – Chair
• Sarah Wallage – Scottish Abortion Care Providers (NHS Grampian)
• Sinead Cook – Faculty of Sexual and Reproductive Health
• Professor Sally Sheldon – University of Bristol
• Dr Lynsey Mitchell – University of Strathclyde
• Andrew Lothian – Law Society of Scotland, Health and Medical Law Sub-Committee
• Professor Anne-Maree Farrell – University of Edinburgh
• Rachael Clarke – British Pregnancy Advisory Service
• Dr Alastair Campbell – Royal College of Obstetrics and Gynaecology
• Professor Sharon Cameron – Scottish Abortion Care Providers (NHS Lothian)
• Dr Carrie Purcell – The Open University
• Jill Wood – Engender – Representing Advisory Group of reproductive rights groups
• Professor Marion Bain – Deputy Chief Medical Officer

Secretariat:

• Sam Baker – Scottish Government
• Harriet Rogerson – Scottish Government
• Sean Reid – Scottish Government
• David McIlhinney – Scottish Government, Note of meeting

Items and actions

Welcome

• The Chair welcomed the attendees to the meeting.
• There were no apologies.

Recap of previous potential recommendations (Gestational Limits and Grounds; Pathways)

• The expert group discussed gestational limits, noting several options.
• The expert group discussed possible grounds for abortion after the gestational limit.
• The expert group discussed the difference between good faith and reasonable belief as standards for applying a ground for abortion.
• The expert group discussed the potential regulatory impacts of gestational limits and grounds.
• The expert group discussed the current requirement for two doctors to sign off an abortion and suggested possible options with regards to later stage abortions.  

Agreement of Minutes from Meeting 6

• The note of the previous meeting was agreed with no amendments.

Introduction to the topic of Offences

• The expert group reviewed the current status of Scots law on abortion.
• The expert group noted that some aspects of the common law on abortion were unclear.
• It was noted that the Abortion Act 1967 sets out conditions currently required to ensure abortions are lawful.
• The expert group noted that there were a number of possible offences surrounding abortion, for example coercion, which are not covered by the 1967 Abortion Act.

Discussion on Current Law on Offences

• The expert group noted that, from a healthcare provider’s point of view, the offences associated with abortion do increase the stigma around abortion and may result in healthcare staff being unwilling to be involved in providing abortion care.
• The expert group agreed that there was a need for clear legislation for healthcare providers to ensure they are confident in their understanding of the law.
• The expert group discussed Concealment of Birth (Scotland) Act 1809 and agreed that it was outdated and that other legislation is available to address situations where parents seek to conceal the birth of a child.

Discussion on views provided by stakeholders and evidence

• The advisory group of reproductive rights organisations  was reported to have come to a consensus which was opposed to abortion-specific offences.
• The advisory group agreed that issues of unsafe or non-consensual abortions should be covered by regulations and other laws. Having specific offences was felt to exceptionalise abortion.
• The expert group reviewed written submissions received on offences.
• The expert group noted a number of submissions were concerned about reproductive coercion and sexual violence.
• The expert group considered these and discussed which scenarios would potentially be offences under other existing legislation.
• The expert group also discussed an academic paper reviewing the law on abortion in Scotland, including how the common law operates.
• The expert group noted the authors’ positions and that a paper with a contrary position on aspects of the common law in Scotland was expected to be published soon.
• The expert group also discussed the argument in some stakeholder papers that offences were necessary to act as a deterrent to staff or patients who might otherwise consider having abortion outwith the legal requirements. The concerns were noted, although the group also noted that abortions still occur in countries with the most restrictive abortion laws, but they are generally less safe.
• The expert group agreed to consider specific scenarios that could be put to the Crown Office to explore some aspects of existing law further.

Review of International Examples

• The expert group considered a number of international examples.
• The expert group noted that the more modern abortion laws tended not to include any offences for patients.
• The expert group noted that many aspects of current abortion laws had been broadly targeted at backstreet abortion providers, which had put women’s lives at risk. Now there is less danger of such providers in the age of predominantly medical abortions, the expert group considered how removing offences could affect regulation of abortion services.
• The expert group noted concerns around people potentially setting themselves up as a business to provide abortions. The expert group considered Healthcare Improvement Scotland’s current role in registering and inspecting private healthcare providers, along with the circumstances where professional bodies (such as the GMC or NMC) could sanction healthcare professionals.

How would the group like offences to be dealt with in Scotland?

• The expert group discussed what the law could look like in Scotland.
• The expert group explored a number of scenarios where the pregnant patient or the provider could potentially be prosecuted.
• The expert group agreed to explore issues of coercion further.
• The expert group discussed sex-selective abortion and agreed it would be extremely hard to police. Whilst ongoing monitoring was felt to be helpful, there was no evidence at the moment from the data to suggest sex-selective abortions are taking place in Scotland.

AOB

• Secretariat asked the group to consider scenarios and other possible options.
• The next meeting will be on the 23 April 2025.